proposed emergency presidential determination of refugee

15
Proposed Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2021 This report to the Committees on the Judiciary of the House of Representatives and of the Senate is being sent in advance of the appropriate consultation pursuant to the statutory requirements of Sections 207(b) and (e) of the INA, 8 U.S.C. § 1157(b) and (e). The report provides the information required in Section 207(e)(1) through (7) where relevant to the President’s proposal to increase the refugee admissions target. I. Description of the nature of the unforeseen emergency refugee situation and why the admission of certain additional refugees is justified by grave humanitarian concerns and is otherwise in the national interest. The number of forcibly displaced people worldwide is unprecedented and continues to climb, including over 20 million refugees under UNHCR’s mandate. Unforeseen developments including new political violence, humanitarian crises, and growing threats to refugees in countries of asylum all support a need to increase the refugee admissions number for FY 2021 since Presidential Determination No. 2021-02 (PD 2021-02) was signed on October 27, 2020. Furthermore, the ongoing and changing circumstances of the COVID-19 pandemic, such as the increasing distribution of recently developed COVID-19 vaccines in the United States and increased ability to use testing and other safety measures here and abroad, means that more refugees in the U.S. Refugee Admissions Program (USRAP) are expected to be able to come to the United States in this fiscal year. With new categories and nationalities to be made eligible, an increased admissions target will allow for those refugees in our pipeline who have been processed to completion or near completion to travel. The unforeseen emergency refugee situation includes, but is not limited to, the following circumstances, many of which are rapidly emerging or deteriorating. Africa Congolese: Conflict and instability in the Great Lakes and Southern Africa plus the impacts of COVID have meant that the humanitarian crisis in the region has grown since the issuance of PD 2021-02.  There are nearly 10,000 Congolese pending in the USRAP pipeline that could be admitted under regional categories rather than the restrictive categories and low overall admission number in the current PD. There are also many severe protection, medical, and unaccompanied refugee minor (URM) cases whose members are otherwise ready to depart to the United States but cannot under the current allocation categories and face dire circumstances if they remain. Ethiopia: Fighting sharply escalated in Ethiopia’s northern Tigray region at the beginning of November 2020, causing a humanitarian crisis and the forced displacement of tens of thousands of refugees into camps in eastern Sudan where basic necessities are often lacking. Thousands of 1 SENSITIVE BUT UNCLASSIFIED

Upload: others

Post on 03-Nov-2021

3 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Proposed Emergency Presidential Determination of Refugee

Proposed Emergency Presidential Determination on Refugee

Admissions for Fiscal Year 2021

This report to the Committees on the Judiciary of the House of Representatives and of the Senate

is being sent in advance of the appropriate consultation pursuant to the statutory requirements of

Sections 207(b) and (e) of the INA, 8 U.S.C. § 1157(b) and (e). The report provides the

information required in Section 207(e)(1) through (7) where relevant to the President’s proposal

to increase the refugee admissions target.

I. Description of the nature of the unforeseen emergency refugee

situation and why the admission of certain additional refugees is

justified by grave humanitarian concerns and is otherwise in the

national interest.

The number of forcibly displaced people worldwide is unprecedented and continues to

climb, including over 20 million refugees under UNHCR’s mandate. Unforeseen developments

including new political violence, humanitarian crises, and growing threats to refugees in

countries of asylum all support a need to increase the refugee admissions number for FY 2021

since Presidential Determination No. 2021-02 (PD 2021-02) was signed on October 27, 2020.

Furthermore, the ongoing and changing circumstances of the COVID-19 pandemic, such as the

increasing distribution of recently developed COVID-19 vaccines in the United States and

increased ability to use testing and other safety measures here and abroad, means that more

refugees in the U.S. Refugee Admissions Program (USRAP) are expected to be able to come to

the United States in this fiscal year. With new categories and nationalities to be made eligible,

an increased admissions target will allow for those refugees in our pipeline who have been

processed to completion or near completion to travel. The unforeseen emergency refugee

situation includes, but is not limited to, the following circumstances, many of which are rapidly

emerging or deteriorating.

Africa Congolese: Conflict and instability in the Great Lakes and Southern Africa plus the impacts of

COVID have meant that the humanitarian crisis in the region has grown since the issuance of PD

2021-02.  There are nearly 10,000 Congolese pending in the USRAP pipeline that could be

admitted under regional categories rather than the restrictive categories and low overall

admission number in the current PD. There are also many severe protection, medical, and

unaccompanied refugee minor (URM) cases whose members are otherwise ready to depart to the

United States but cannot under the current allocation categories and face dire circumstances if

they remain.

Ethiopia: Fighting sharply escalated in Ethiopia’s northern Tigray region at the beginning of November 2020, causing a humanitarian crisis and the forced displacement of tens of thousands

of refugees into camps in eastern Sudan where basic necessities are often lacking. Thousands of

1

SENSITIVE BUT UNCLASSIFIED

Page 2: Proposed Emergency Presidential Determination of Refugee

Unaccompanied Refugee Minors (URMs) in Africa

Refugees from Burma, including Rohingya:  

Eritrean refugees in camps in the Tigray region face food and supply shortages as access to aid

has been limited during the fighting. The reduction of protection space in Ethiopia due to the

conflict in Tigray means the United States must ensure that urgent resettlement is an option for

individuals inside the country and those who flee to neighboring countries by increasing the

refugee admissions target for FY 2021.

South Sudanese: The crisis in South Sudan has not abated in recent months, deepening the

longstanding humanitarian crisis there. South Sudanese remain the largest refugee population in

Africa and the fourth largest in the world. However, most South Sudanese refugees do not fit

into any category in the current Presidential Determination. In order for the United States to do

our part in addressing the ongoing crisis and boost efforts to restore regional stability, we must

increase resettlement slots for South Sudanese refugees in FY 2021.

: The United States’ ability to resettle

URMs was halted for the first time under the current restrictive Presidential Determination

categories, just as the global need increases.  As one of the few countries with the domestic

capacity to resettle unaccompanied minors, an increased refugee admissions number would

enable us to process emergency cases of URMs who have been evacuated from Libya by the

United Nations High Commissioner for Refugees (UNHCR) to transit points in Niger and

Rwanda, as well as minors facing persecution in Ethiopia and elsewhere. Given European

countries’ limited resettlement slots, the United States will be a key-partner to increase

resettlement for URMs.

Asia On February 1, 2021 the Burmese military seized

power in a coup d’etat and began arresting political leaders, journalists, human rights defenders,

and peaceful protestors. This development exacerbates conditions that were already

unconducive to voluntary return of refugees and asylum seekers, due to the military’s human

rights abuses, particularly against members of ethnic and religious minority communities.  In

addition, in view of the military’s ongoing crackdown, there may be a renewed flow of people

fleeing Burma.  Increasing the refugee admissions number ensures that the United States can

resettle those who are ready to be admitted this year from countries of first asylum in the region.

Uyghurs and other ethnic and religious minorities fleeing persecution; Hong Kong

residents fleeing persecution:  As the number of Uyghur and other ethnic and religious

minorities fleeing persecution or torture in China increases steadily, resettlement to the United

States is becoming increasingly urgent.  Following the June 2020 adoption of the National

Security Law and ensuing arrests of activists and encroachment on freedom of expression,

Hong Kong residents increasingly sought refuge overseas.   The State Department is working to

ensure resettlement is a viable option by increasing the refugee admissions number and

considering all options to ensure access for Uyghurs and members of other persecuted ethnic and

religious minority groups from China, as well as for Hong Kong residents fleeing persecution.

Europe/Austria The United States is actively working with the Austrian government to restart our decades-long

partnership to resettle Iranian religious minorities to the United States once the COVID-19

2

SENSITIVE BUT UNCLASSIFIED

Page 3: Proposed Emergency Presidential Determination of Refugee

Venezuelans:

pandemic subsides and permits applicants to travel to Austria for processing. There

are more refugees in the pipeline for this program than available slots in the current PD.

Latin America and the Caribbean Central Americans: The United States’ strong interest in increasing refugee resettlement from

Central America to facilitate safe and orderly migration and access to international protection

and avert a humanitarian crisis at the U.S. southern border, means that we will need to increase

the overall refugee admissions number.

El Salvador, Guatemala, and Honduras are among the countries with the highest levels of

violence in the world, and though the United States has a special responsibility to its own

region, PD 2021-02 only allows for up to 1,000 individuals from Latin America and the

Caribbean to be admitted. Displacement is driven by widespread violence compounded

by limited economic opportunities poverty, poor governance, corruption, and the effects of a

changing climate that exacerbates food insecurity. Criminal organizations and gangs maintain

strong social control throughout large parts of the Northern Triangle, where poverty and violence

are inextricably linked to a lack of public services and the lack of state presence, all of which is

rooted in pervasive corruption. A large proportion of the population living in these countries is

exposed to attacks, threats, and extortion by gangs and other criminal organizations, has limited

freedom, and lives in constant fear. The governments fail to provide adequate protection for

IDPs. COVID-related border closures throughout the region have reduced the opportunity for

refugees and migrants to flee violence and persecution. Women, children, and LGBTQI people

are at greater risk of suffering violence in the context of the pandemic, due to the quarantine

and curfew measures established by several countries. Rates of domestic violence and other

gender-based violence have increased as government-imposed movement restrictions inhibit

victims from seeking support or fleeing. These restrictions have also impacted gangs’ economic

enterprises, leading to increased territorial disputes and violence.

Nicaraguans continued to flee human rights abuses at home throughout 2020. Threats and

intimidation of human rights defenders, journalists, students, community leaders, and members

of the Catholic church continue, and the outflow of refugees is expected to continue. As a result

of COVID, violence and persecution perpetrated by criminal groups and the Ortega regime have

increased.

In Venezuela, more than 5.4 million people have already fled political

oppression, hunger, and economic despair. By the end of the year the number outbound migrants

is expected to eclipse that of Syria. Towards the end of 2020, UNHCR estimated that 500-700

people exited the country each day. Since late December 2020, State Department partners

reported the number of Venezuelans entering Colombia has tripled, to 1,500 – 1,600 daily

entries. Moreover, in its 2021 Regional Refugee and Migrant Response Plan for Venezuelan

Refugees and Migrants, UNHCR and IOM project 8.1 million Venezuelans will have left

Venezuela by the end of the year. On January 5, illegitimate dictator Nicolas Maduro installed a

new National Assembly based on elections the United States and countries around the world

decried as fraudulent. In the run up to the elections, the illegitimate regime used a 2017

Venezuela law purportedly meant to criminalize hate speech to repress political opponents.

3

SENSITIVE BUT UNCLASSIFIED

Page 4: Proposed Emergency Presidential Determination of Refugee

Syrians:

Persistent operational constraints inside Venezuela imposed by the illegitimate Maduro regime,

as well as the regime’s harassment and open hostility toward humanitarian workers, continue

to obstruct the international community’s relief efforts. The Department is working with

UNHCR to increase its capacity to submit an increased number of referrals for those in need of

resettlement.

Colombia: In Colombia, the UN reported continuing violence near the Venezuelan border to the

northeast and the Ecuadoran border to the south. Illegal armed groups asserted more control in

areas with limited government presence during the COVID-19 pandemic lockdowns, which led

to more threats, massacres, community confinement and the displacement of tens of thousands of

Colombians (who are not included in the current PD categories), continue to flee to Ecuador in

order to escape violence perpetrated by various armed groups vying to fill the post-FARC power

vacuum. Moreover, according to UNHCR, gender-based violence against Venezuelan refugees

and migrants in Colombia is markedly rising. The COVID-19 pandemic exacerbates conditions

fueled by the crisis. COVID-19-related effects for Venezuelan refugees include the loss of

income, evictions, family separation driving returns to even more dire conditions in Venezuela.

Near East and North Africa The humanitarian situation inside Syria is volatile. Regime forces have forcibly

displaced, raped, starved, and massacred civilians, and used protracted sieges

that occasionally forced local surrenders as military tactics. Syrian regime and Russian

airstrikes, including with the use of barrel bomb attacks, displaced nearly one million people in

northwest Syria between December 2019 and March 2020 and have killed thousands in Idlib and

Hama governorates since April 2019. Meanwhile, refugee vulnerability across the region

continues to increase. For instance, more than 88 percent of Syrian refugees in Lebanon

live below the extreme poverty line. As the protracted conflict in Syria continues, UNHCR

reports that Syrian nationals have the highest resettlement needs globally, estimating more than

592,000 Syrians will need resettlement in what they envisage to be an ongoing multi-year

targeted program.  Although the United States has resettled over 22,000 Syrian refugees since

the conflict began in 2011, lower refugee admissions numbers and nationality restrictions led to a

significant drop in the resettlement of Syrian nationals since FY 2016.  Increasing the overall

refugee admissions number and eliminating nationality restrictions would allow the United

States to resettle greater numbers of the nearly 29,000 Syrian refugees currently pending in the

USRAP.

COVID-19 Pandemic The COVID-19 pandemic has drastically diminished the normal flow of refugee admissions,

resulting in the admission of only 11,814 refugees in FY 2020, the smallest number since the

Refugee Act of 1980 created the USRAP. At the time PD 2021-02 was signed, it was unclear

whether there would be any changes in the pandemic that would increase the ability to admit

significantly more refugees than in FY 2020. With the approval of two effective vaccines and

several more on the horizon and the worldwide implementation of COVID-19 testing for all

USRAP refugees, the capacity to resettle refugees safely in the United States has already

expanded and will continue to expand in the coming months, justifying increasing the admissions

target now. Moreover, admitting vulnerable refugees who are far along in the pipeline will help

4

SENSITIVE BUT UNCLASSIFIED

Page 5: Proposed Emergency Presidential Determination of Refugee

protect them from adverse COVID-19 and other unsafe situations overseas. For example,

UNHCR has warned that the recent rise in COVID-19 infections and the accompanying

confinement and economic duress has increased gender-based violence against refugee,

displaced, and stateless girls and increased the vulnerability of many refugee families already

living on the margins of society in their host countries.

To respond to all of these unforeseen and urgent situations, a revised target of 62,500 is proposed

and is justified by grave humanitarian concerns and is in the national interest. At the present

time the global refugee crisis continues unabated, and the extremely low number of refugees

resettled worldwide is the lowest in decades. The absence of resettlement places and other

durable solutions like safe and voluntary returns to countries still in conflict justifies the need to

significantly expand the number of those resettled to the United States as soon as possible.

Expansion of U.S. resettlement will bring permanent protection to tens of thousands more

refugees, encourage other countries to increase their own resettlement numbers, and help unlock

other durable solutions as the United States seeks to leverage resettlement by pressing countries

of first asylum to provide greater protection and support for refugees they host. It is in the U.S.

national interest to promote and encourage all three durable solutions for refugees: safe and

voluntary return when appropriate; local integration; and third country resettlement. Expansion

of the USRAP in both numbers and in eligible populations will unleash the full weight of U.S.

diplomatic and humanitarian programs towards resolving protracted refugee crises.

II. Description of the number and allocation of the refugees to be

admitted

This report proposes providing allocations by region, with a new FY 2021 admissions number

of 62,500 refugees. A description of how those refugees come to be considered for USRAP is

contained in the Annex that accompanies this report.

Presidential No. 2021-02 provided for four narrow allocations for FY 2021:

Allocation Number

Refugees who have been persecuted or have a

well-founded fear of persecution on account

of religion or are within a category of aliens

established under subsections (b) and (c) of

section 599D of Title V, Public Law 101-167,

as amended.

5,000

Refugees who are within a category of aliens

listed in section 1243(a) of the Refugee Crisis

in Iraq Act of 2007, Title XII, Div. A, Public

Law 110-181, as amended.

4,000

Refugees who are nationals or habitual

residents of El Salvador, Guatemala, or

Honduras.

1,000

5

SENSITIVE BUT UNCLASSIFIED

Page 6: Proposed Emergency Presidential Determination of Refugee

Other refugees in the following groups: those

referred to USRAP by a United States

Embassy in any location; those who will be

admitted through a Form I-730 following-to-

join petition or who gain access to the

USRAP for family reunification through the

P-3 process; those currently located in

Australia, Nauru, or Papua New Guinea who

gain access to the USRAP pursuant to an

arrangement between the United States and

Australia; those who are nationals or habitual

residents of Hong Kong, Venezuela, or Cuba;

and those in the USRAP who were in “Ready

for Departure” status as of September 30,

2019.

5,000

Total 15,000

The proposed PD would change these categories and allocate refugee resettlement slots by

region. This change would ensure that resettling vulnerable refugees everywhere is central to

USRAP, would reflect the urgent need for resettlement across all regions, and would avoid

discrimination by the type of persecution or country of origin. This approach would also ensure

there is capacity to respond to the particular vulnerabilities of URMs no matter where they are

located, especially because the United States is the only country to offer refugee resettlement in

significant numbers to URMs.

The number and allocation of the refugees to be admitted pursuant to the proposed PD are as

follows, with those in Presidential Determination No. 2021-02 to be superseded:

Region Proposed FY 2021 Allocation

Africa 22,000

East Asia 6,000

Europe and Central

Asia

4,000

Latin

America/Caribbean

5,000

Near East/South Asia 13,000

Unallocated Reserve 12,500

Total 62,500

Furthermore, the Secretary of State, upon notification to the Judiciary Committees of the

Congress, would be authorized to transfer unused admissions allocated to a particular category to

one or more other categories, if there is a need for greater admissions for the category or

categories to which the admissions are being transferred.

6

SENSITIVE BUT UNCLASSIFIED

Page 7: Proposed Emergency Presidential Determination of Refugee

III. Analysis of the impact of the participation of the United States

in the resettlement of such refugees on the foreign policy interests of

the United States

A robust refugee admissions program is critical to U.S. foreign policy interests and national

security objectives. Refugee protection is a concrete demonstration of the United States’ commitment to human rights, including freedom of religion and belief and freedom of

expression, and is necessary to mobilize other countries to meet their humanitarian obligations.

It is a demonstration of solidarity with refugees and the countries hosting them, and furthers the

United States’ international commitments, including under the 1951 Convention relating to the

Status of Refugees and its 1967 Protocol. The USRAP fosters multilateral cooperation among

U.S. government agencies, states and localities, private resettlement partners, foreign

governments, International Organization for Migration (IOM), and UNHCR.

Under the authority of the Migration and Refugee Assistance Act of 1962, as amended, the

United States contributes to the programs of UNHCR, the International Committee of the Red

Cross (ICRC), IOM, and other international and non-governmental organizations that provide

protection and assistance to refugees, internally displaced persons (IDPs), victims of conflict,

stateless persons, and other vulnerable migrants. These contributions are used to address the

legal and physical protection needs of refugees and to furnish basic assistance such as water,

sanitation, food, health care, shelter, education, and other services. The United States monitors

these programs to ensure the most effective use of resources, maximizing humanitarian impact

for the beneficiaries.

Refugee resettlement complements those efforts. The United States, like UNHCR, recognizes

that resettlement in third countries is a vital tool for providing a durable solution for refugees

who cannot return safely to their country of origin or integrate into local communities in a

country of first asylum. For some refugees, resettlement is the safest, and perhaps the only,

alternative. It is a complementary tool to humanitarian assistance, supporting countries hosting

large numbers of refugees, the vast majority of whom will never be resettled.

Through the USRAP, the U.S. government not only addresses humanitarian needs for specific

populations but demonstrates leadership that encourages other States to identify and protect

vulnerable people. For example, by resettling stateless refugees through the USRAP, the U.S.

government encourages other countries to do more to help stateless people and prevent

new stateless populations, including by implementing universal birth registration. Stateless

refugees who arrive in the United States for resettlement not only find a durable solution to their

displacement but are also placed on a path that will afford the opportunity to naturalize and

resolve their stateless status.

Offering humanitarian protection in the United States advances national security and contributes

to ensuring the safety of U.S. government personnel in conflict zones, including by protecting

those who are targeted because of their association to U.S. military and other U.S. government

actions overseas. It provides a strong counterweight to negative anti-American narratives and is

7

SENSITIVE BUT UNCLASSIFIED

Page 8: Proposed Emergency Presidential Determination of Refugee

a vital tool to promote regional stability. Abdicating the role as a global leader in resettlement

neglects these critical national interests and moral responsibilities.

ANNEX 1: USRAP ACCESS CATEGORIES

Section 207(a)(3) of the INA says that USRAP shall allocate admissions among refugees “of

special humanitarian concern to the United States in accordance with a determination made by

the President after appropriate consultation.”

For the last several years, there have been three categories of individuals eligible to enter

USRAP, known as “priorities”:

Priority 1: Individual cases referred by designated entities to the program by virtue of

their circumstances and apparent need for resettlement.

Priority 2: Groups of special concern designated by the Department of State as having

access to the program by virtue of their circumstances and apparent need for resettlement.

Priority 3: Individual cases from designated nationalities granted access for purposes of

reunification with family members already in the United States.

Refugees resettled in the United States may also seek the admission of spouses and unmarried

children under 21 who are still abroad by filing a I-730 “Following to Join” petition with USCIS.

In addition, the President proposes to designate a Priority 4 category for refugees whose

domestic resettlement services are provided or funded by private sponsors through a pilot

program.

Priority 1: Individual Referrals

Priority 1 (P-1) allows the USRAP to consider refugee claims from persons of any or no

nationality, usually with compelling protection needs, for whom resettlement appears to be the

appropriate durable solution. Priority 1 cases are identified and referred to the program by

UNHCR, a U.S. Embassy, or a designated non-governmental organization (NGO).

UNHCR, which has the international mandate worldwide to provide protection to refugees

worldwide, has historically referred the vast majority of cases to the United States under this

priority. A U.S. ambassador may make a Priority 1 referral for persons still in their country of

origin if the ambassador determines that such persons are in need of exceptional treatment and

the Departments of State’s Bureau of Population, Refugees, and Migration (DOS/PRM) and

Homeland Security’s U.S. Citizenship and Immigration Services (DHS/USCIS) concur. Some

NGOs that assist refugees have also been designated as eligible to provide Priority 1 referrals,

including for individuals in their country of origin.

The initial Refugee Admissions Report to Congress for FY 2021 noted that USRAP would “no

longer request or accept referrals from UNHCR except in the categories listed in this year’s

8

SENSITIVE BUT UNCLASSIFIED

Page 9: Proposed Emergency Presidential Determination of Refugee

Presidential Determination.” Due to the unforeseen emergency refugee situation described

above, PRM plans to resume accepting individual referrals from UNHCR, including for URMs.

Priority 2: Group Referrals

Priority 2 (P-2) includes specific groups identified by the Department of State in consultation

with DHS/USCIS, NGOs, UNHCR, and other experts whose members are in need of

resettlement. P-2 designations reflect that a group is of special humanitarian concern to the

United States and that individual members of the group will likely be able to qualify for

admission as refugees under U.S. law.

There are two distinct models of Priority 2 access to the program: open access and predefined

group access. Under both models, Priority 2 designations are made based on shared

characteristics that define the group. In general, these characteristics are the reason that

members of the group have been persecuted or face persecution in the future.

The open-access model for Priority 2 group referrals allows individuals to seek access to the

program on the basis of meeting designated criteria. The open-access model has operated largely

for in-country programs, including for refugees from Eurasia and the Baltics, Cuba, Vietnam,

and Bosnia. To establish an open-access Priority 2 group, DOS/PRM, in consultation with

DHS/USCIS, and (as appropriate) with UNHCR and others, defines the specific criteria and

procedures for access. Applicants may then apply according to that process. Applicants must

demonstrate that they meet the specified criteria to establish eligibility for access to the USRAP.

The Resettlement Support Centers (RSCs) responsible for handling open-access Priority 2

applications, working under the direction of DOS/PRM, determine whether individual applicants

qualify for access and should be presented to DHS/USCIS for interview. Applicants who clearly

do not meet the access requirements do not proceed to DHS/USCIS interviews.

A predefined group designation is normally based on a UNHCR recommendation that lays out

eligibility criteria for individuals in a specific location. In recent years, predefined groups have

included certain Burmese in Thailand, certain Bhutanese in Nepal, and certain Congolese in

Tanzania and Rwanda. Once DOS/PRM, in consultation with DHS/USCIS, establishes the

access eligibility criteria for the group, the referring entity (usually UNHCR) provides the

biographical data of eligible refugee applicants for processing. This type of group referral is

advantageous because it identifies groups of people with similar persecution claims, can prevent

labor-intensive individual referrals, and prevents harmful delays to applicants.

Once an individual gains access to processing via a P-2 designation, all other processing steps

are the same as for those referred by P-1, including individual pre-screening and USCIS

interviews, and all security and medical checks. The Presidential Determination for FY 2021

listed several P-2 designations of groups of special humanitarian concern to the United States.

This report proposes additional groups that are of special humanitarian concern to the United

States.

9

SENSITIVE BUT UNCLASSIFIED

Page 10: Proposed Emergency Presidential Determination of Refugee

Persons in El Salvador, Guatemala, and Honduras

Ethnic Minorities from Burma in Malaysia

IN-COUNTRY PROCESSING PROGRAMS

This report proposes to operate the following “open-access” P-2s in FY 2021 for individuals still

in their country of origin:

Eurasia and the Baltics This Priority 2 designation applies to Jews, Evangelical Christians, and

Ukrainian Catholic and Orthodox religious adherents identified in the Lautenberg Amendment,

Public Law No. 101-167, § 599D, 103 Stat. 1261 (1989) (codified at 8 U.S.C. § 1157) as

amended (“Lautenberg Amendment”), with close family in the United States. With annual

renewal of the Lautenberg Amendment, these individuals are considered under a reduced

evidentiary standard for establishing a well-founded fear of persecution.

Cuba Included in this Priority 2 program are human rights activists, members of persecuted

religious minorities, former political prisoners, forced-labor conscripts, and persons deprived of

their professional credentials or subjected to other disproportionately harsh or discriminatory

treatment resulting from their perceived or actual political or religious beliefs.

Iraqis Associated with the United States Under various Priority 2 designations, including those

set forth in the Refugee Crisis in Iraq Act, employees of the U.S. Government, a U.S.

government-funded contractor or grantee, U.S. media or U.S. NGOs working in Iraq, and certain

family members of such employees, as well as beneficiaries of approved I-130 petitions for

immigrant visas, are eligible for refugee processing in Iraq.

This P-2 designation would allow certain

lawfully present parents in the United States to request access to a refugee interview for sons and

daughters, as well as the biological parent of an unmarried child under 21, and caregivers.

GROUPS OF HUMANITARIAN CONCERN OUTSIDE THE

COUNTRY OF ORIGIN

Pre-defined Group Access P-2s:

Ethnic Minorities and Others from Burma in Camps in Thailand Under this Priority 2

designation, individuals who have fled Burma, are registered in one of nine refugee camps along

the Thai/Burma border, are identified by UNHCR as in need of resettlement, and expressed

interest in third-country resettlement prior to January 2014 (depending on the location), are

eligible for processing.

Under this Priority 2 designation, members of

ethnic minorities from Burma who are recognized by UNHCR as refugees in Malaysia,

registered by August 17, 2010, and identified as being in need of resettlement, are eligible for

resettlement consideration.

10

SENSITIVE BUT UNCLASSIFIED

Page 11: Proposed Emergency Presidential Determination of Refugee

Congolese in Rwanda Certain Congolese refugees in Rwanda who arrived between 1994 and

2005 were verifiably registered in 2011 or 2012 and identified as in need of resettlement are

eligible for processing.

11

SENSITIVE BUT UNCLASSIFIED

Page 12: Proposed Emergency Presidential Determination of Refugee

Congolese in Tanzania

Persons in El Salvador, Guatemala, and Honduras

Iraqis Associated with the United States

Certain Congolese refugees registered by UNHCR in Tanzania whose

residence in Nyarugusu camp was confirmed in a 2013-2014 UNHCR verification exercise are

eligible for processing.

Open Access Model P-2s:

This P-2 designation would allow certain

lawfully present parents in the United States to request access to a refugee interview for sons and

daughters, as well as the biological parent of an unmarried child under 21, and caregivers.

Iranian Religious Minorities Iranian members of certain religious minorities are eligible for

processing and are considered under a reduced evidentiary standard for establishing a well-

founded fear of persecution, pursuant to annual renewal of the Lautenberg Amendment as

amended in 2004 by Sec. 213 of Title II, Division E, of the Consolidated Appropriations Act of

2004, P.L. 108-199, 118 Stat. 3 (“the Specter Amendment”).

Under various Priority 2 designations, including those

set forth in the Refugee Crisis in Iraq Act, employees of the U.S. government, a U.S.

government-funded contractor or grantee, U.S. media or U.S. NGOs working in Iraq, and certain

family members of such employees, as well as beneficiaries of approved I-130 (immigrant visa)

petitions, are eligible for refugee processing. This program operates in several countries in the

region, including Jordan, Egypt, and Lebanon, in addition to the in-country program in Iraq.

On January 22, the U.S. Attorney’s Office for the District of Columbia unsealed an indictment of

individuals involved in the theft and misuse of U.S. government records from the Department of

State’s Worldwide Refugee Admissions Processing System (WRAPS). The indictment is the

result of a nearly two-year investigation of a fraud scheme originating in Jordan targeting refugee

applications to the Iraqi P2 program. In accordance with the Refugee in Crisis Act of 2007,

effective January 22, the Secretary of State authorized the suspension of processing Iraqi P2s

inside Iraq. PRM simultaneously suspended processing of Iraqi P2 cases located outside of

Iraq. The Department can suspend Iraqi P2 processing for up to 90 days and may extend this

upon notification to Congress. The suspension will enable the Departments of State and

Homeland Security to further examine cases tied to the fraud scheme, re-verify all other Iraqi P2

cases in the pipeline, strengthen the program by mitigating existing vulnerabilities, and ensure

the integrity of the U.S. Refugee Admissions Program. The enhanced security vetting protocols

for refugee resettlement applicants were not affected by this scheme.

Syrian Beneficiaries of Approved I-130 petitions

Under this Priority 2 designation, Syrian beneficiaries of approved I-130 immigrant visa

petitions, for whom immigrant visas have not yet been issued, are eligible for refugee processing.

OTHER GROUPS FOR PRIORITY CONSIDERATION

12

SENSITIVE BUT UNCLASSIFIED

Page 13: Proposed Emergency Presidential Determination of Refugee

In addition, the President proposes for the Secretary of State to consult with UNHCR and USCIS

to develop methods of access for these populations:

Turkic Muslim refugees who are nationals or last habitual residents of China;

Refugees who are activists, journalists, and political dissidents and who are permanent

residents of the Hong Kong Special Administrative Region, or who last habitually resided

therein;

Rohingya Muslim refugees who are nationals or last habitual residents of Burma

(Myanmar);

Individuals persecuted on the basis of sexual orientation, gender identity, or sex

characteristics;

Iraqi and Syrian nationals who are members of a religious or ethnic minority

Other refugee groups as determined by the Secretary of State.

Any individuals previously referred under previous P-2 designations will, as with any other

individual with confirmed USRAP access, continue under USRAP processing.

Priority 3: Family Reunification Cases

Priority 3 (P-3) provides USRAP access to individuals of special humanitarian concern who have

immediate family members in the United States who were admitted in certain humanitarian

immigration statuses. The immediate family members in the United States can initiate an

application for their relatives even if they subsequently gained LPR status or naturalized as U.S.

citizens. Parents, spouses, and unmarried children under the age of 21 of the U.S.-based relative

can benefit from P-3 referrals.

To qualify for access under the P-3 program, an applicant must be outside of their country of

origin, be registered or have legal status in the country of asylum, have had an Affidavit of

Relationship (AOR) filed on their behalf by an eligible family member in the United States

during a period in which the nationality was included on the eligibility list, and have been

cleared for onward processing by the DHS/USCIS Refugee Access Verification Unit (RAVU).

DOS/PRM designates which U.S.-based relatives can initiate P-3 processing based on their

admission status. In the past, individuals admitted to the United States in asylum, refugee, parole,

and several other categories of status were eligible to file AORs for their relatives. More

recently, eligibility has been limited only to those admitted to the United States in asylum or

refugee status.

For fiscal year 2021, PRM proposes that eligible AOR filers will include those admitted in

asylum, refugee, or Afghan and Iraqi special immigrants admitted under Section 1059 of the

National Defense Authorization Act for Fiscal Year 2006 (P.L. 109–163; 8 U.S.C. 1101 note),

Section 1244 of the Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note), and (3) Section 602

of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note). This includes persons who

are lawful permanent residents of the United States or U.S. citizens who initially were admitted

to the United States in a designated status. The U.S.-based filer must be at least 18 years of age

at the time that the AOR is filed. The filer must file the AOR within 5 years of the date they

13

SENSITIVE BUT UNCLASSIFIED

Page 14: Proposed Emergency Presidential Determination of Refugee

were admitted as a refugee or special immigrant or were granted asylum. The USRAP may

reject any AOR for a relationship that does not comport with public policy, such as under-age or

plural marriages.

The following family members of the U.S.-based family members are qualified for P-3 access:

spouse, unmarried children under 21, and/or parents. USRAP recognizes that many refugee

families face legal and practical obstacles to legal marriage or marriage registration. The United

States will allow a qualifying individual to file for P-3 access for a partner of any gender if the

filer can provide evidence of a relationship with the partner for at least one year overseas prior to

the submission of the AOR and considered that person to be his/her spouse or life partner, and

that the relationship is ongoing, together with evidence that legal marriage was not an obtainable

option due to social and/or legal prohibitions.

In addition to the qualifying family members of a U.S.-based individual identified above, the

qualifying family member’s spouse and unmarried children under 21 may derive refugee status

from the principal applicant for refugee status.

On a case-by-case basis, an individual may be added to a qualifying family member’s P-3 case if

that individual:

1) lived in the same household as the qualifying family member in the country of

nationality or, if stateless, last habitual residence; AND

2) was part of the same economic unit as the qualifying family member in the country of

nationality or, if stateless, last habitual residence; AND

3) demonstrates exceptional and compelling humanitarian circumstances that justify

inclusion on the qualifying family member’s case.

These individuals are not “spouses” or “children”, under INA 207(c)(2)(A) and thus cannot

derive their refugee status from the Principal Applicant. They must, therefore, independently

establish that they qualify as a refugee.

Because of the importance of reuniting immediate refugee families who have been separated

while fleeing from persecution, this report proposes to make P-3 processing available to

individuals of all nationalities, including stateless individuals.

14

SENSITIVE BUT UNCLASSIFIED

Page 15: Proposed Emergency Presidential Determination of Refugee

Priority 4: Private Sponsorship Pilot Initiative

Priority 4 (P-4) includes referrals of privately sponsored individuals to the USRAP. P-4 would

allow private sponsors, under certain circumstances, to fund or provide resettlement services for

refugees reuniting with a broader range of relatives in the United States. P-4 would operate

without nationality restrictions. In FY 2021, any applicants who are privately sponsored will

already have access to USRAP through another priority. Upon approval for resettlement they

would be re-assigned to the new P-4 category to distinguish from the government-assisted P-1,

P-2, and P-3 categories.

Following to Join Reunification Cases

A refugee admitted to the United States may request “following-to-join benefits” for the

refugee’s spouse and/or unmarried children under the age of 21 who were not previously granted

refugee status. Within two years of admission, the refugee may file a Form I-730

Refugee/Asylee Relative Petition with DHS for each eligible family member.

Individuals who gain access to the USRAP through the Form I-730 petition process are

interviewed by DHS or Department of State consular officers to verify the relationships claimed

in the petition and to examine any applicable bars to status and admissibility.

Beneficiaries of I-730 petitions are not required to establish past persecution or a well-founded

fear of persecution, as they derive their status from the petitioner. Beneficiaries of I-730

petitions may be processed within their country of origin or in other locations, as long as they are

able to complete processing at that alternate location.

Certain relatives in the United States may file an I-730 petition and seek Priority 3 access for

their qualifying family members (if eligible) simultaneously. In some cases, the I-730 petition

will be the only option as the family members are still in their country of origin. Unlike the P-3

process, the I-730 process does not allow the relative in the United States to petition for parents.

15

SENSITIVE BUT UNCLASSIFIED